Vehicles cross the U.S. border in Lacolle, Que., on Aug. 9, 2021.Ryan Remiorz/The Canadian Press
Travelling to the U.S. right now can feel confusing, worrisome and even daunting. But with the right preparation, you can make your border experience as smooth and stress-free as possible, immigration lawyers say.
Despite the tensions of the ongoing trade war and forthcoming changes to visitor registration requirements, immigration lawyers say border crossings for Canadians remain largely business as usual. However, travellers should expect increased scrutiny from border agents.
“It isn’t as if people are being barred from entering, but nearly every one of them is being subjected to more questioning than they may have ever experienced,” said Kevin Dyer, a partner at New York-based immigration law firm Dyer Harris LLP, which helps foreigners secure work visas in the United States.
“Be prepared for what could be a hostile conversation at the border.”
Considerations for Canadian workers
More than 800,000 Canadians work in the U.S., and about 400,000 people cross the land border daily, according to the Canada Border Services Agency.
On March 18, Dyer Harris sent a newsletter to its clients living and working in the U.S. recommending against international travel unless necessary. “The hostile chaos emanating from the White House on this issue should make everyone cautious,” the e-mail said.
In recent weeks, multiple business travellers and tourists have been stopped at U.S. border crossings and, in some cases, held in immigration detention centres.
Mr. Dyer advises Canadians applying for work visas at the border or pre-flight clearance to ensure their documentation is “perfectly in order.” Those renewing TN visas – a visa that allows professionals from Canada and Mexico to temporarily live and work in the U.S. – should consider using a lawyer to prepare the application for the duration of the Trump administration, he said.
Jasmine Mooney, a Canadian consultant for a U.S. beverage company, was detained for 12 days last month after attempting to get a new TN visa at the San Diego-Tijuana border. She had previously obtained the visa at the same crossing, but this time immigration officials flagged her for improper paperwork.
Mr. Dyer said that while there’s enhanced scrutiny at the border now, he anticipates that, over time, there may be a return to normalcy.
Digital privacy concerns
Lawyers are also warning Canadians – especially those working in the U.S. – to be mindful of the content on their phones and laptops.
“Make sure that you’re not carrying anything in your possession that you wouldn’t want the government to look at,” said Rosanna Berardi, an immigration lawyer in Buffalo, N.Y.
Mr. Dyer recommends reviewing past social media posts for political statements that may conflict with current U.S. policies. He also advises Canadians on visas, including students, to avoid political activities such as protests while in the U.S. “People on visas have much fewer protections,” he said.
Some companies in Canada have even advised employees to leave work devices at home to avoid potential searches, Mr. Dyer said. Before entering the U.S., employees should check with their employer about company policies regarding sensitive information, he said.
New U.S. policy for longer stays
Starting April 11, Canadians staying in the U.S. for 30 days or more will need to register with the government unless they qualify for an exemption.
You can complete this process on the U.S. Citizenship and Immigration Services website by submitting Form G-325R electronically, said Kevin Burke, a cross-border lawyer in Buffalo, N.Y. The registration must be completed before the 30-day period expires. Mr. Burke said Canadian citizens likely won’t be required to provide fingerprints.
Once registered, USCIS will issue a registration notice in your online account. Canadians should print and carry this notice while in the U.S.
Prepare for border questions
Eileen Martin, a partner at law firm Lippes Mathias in Buffalo, N.Y., recommends preparing a clear, concise explanation of your trip’s purpose. The goal is to make it as easy as possible for the border agent to assess whether they should let you in, she said.
For example, when an officer asks the purpose of your trip, instead of saying “business,” provide more detail: “I’m coming in for three days on behalf of my employer to meet with a supplier, then returning home.”
Similarly, be precise about your destination and duration. Instead of saying, “I’m going to Myrtle Beach,” have the exact name and address of your accommodation ready, along with your dates of travel.
Ms. Berardi says before you get to the border, check what you’re carrying.
“We always put it simply: Make sure your story matches your stuff,” she said.
For example, if you’re travelling by car and tell border agents you’re going to Las Vegas for a vacation but have a trunk full of business samples from another trip you forgot to remove, you could find yourself facing extra scrutiny.
“We live in such a fast world, and people forget to look in their trunk or look in what’s in the back seat,” Ms. Berardi said.
If you’re travelling to the U.S. by air, Ms. Berardi recommends having a round-trip ticket. “It shows the government that you’re coming in, doing what you have to do and coming back,” she said. “A one-way ticket can generally be cause for a lot of questioning.”
